Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35876 of 2023 Arising Out of PS. Case No.-385 Year-2020 Thana- TEGHRHA District- Begusarai ====================================================== SURAJ KUMAR Son of Dilip Singh Resident of Village - Machaha, P.S.- Muffasil (Singhaul O.P.), District - Begusarai. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandan Kumar Kashyap, Advocate For the Opposite Party/s :

Mr. Md. Ataur Rahman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-06-2023 The defects as pointed out by the Stamp Reporter are ignored.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 392 and 397 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner was granted regular bail by this Court vide order dated 13.12.2021 in Cr. Misc. No. 37904 of 2021 with a condition that petitioner will keep marking his attendance before the concerned police station in between 20-25 of every month till charges are not framed and if the petitioner in between the aforesaid date will not mark his attendance in any of the month till framing of charge, the learned court below was at liberty to cancel the bail bonds of the petitioner. Learned counsel for the petitioner further submits that petitioner was released

Patna High Court CR. MISC. No.35876 of 2023(2) dt.21-06-2023 2/2 on bail but on account of ill health he was unable to fulfill the conditions as recorded in the order dated 13.12.2021 in Cr. Misc. No. 37904 of 2021 which led to cancellation of his bail bonds. It is next submitted that thereafter petitioner was taken in custody on 20.01.2023 and since then he is languishing in custody. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the submission made by the learned counsel for the petitioner, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with S.T. No. 183 of 2023 arising out of Teghra P.S. Case No. 385 of 2020.

However, the petitioner would be released on bail only after framing of charge and if the learned court below comes to a conclusion that petitioner after his release is trying to delay the trial of the case in any manner the learned court below shall be at liberty to cancel the bail bonds of the petitioner.

In the event, if the charges have been framed then the petitioner shall be released on bail forthwith. (Satyavrat Verma, J) Kundan/- U T